PACIFIC GAS AND ELECTRIC COMPANY, Petitioner,
Northern California Power Agency; Williams Power Company Inc.; Powerex Corporation; Reliant Energy Power Generation, Inc.; Duke Energy North America, Llc, Duke Energy Trading and Marketing, Llc, (Collectively, "Duke Energy"); California Electricty Oversight Board; Dynegy Power Marketing, Inc., El Segundo Power Llc, Long Beach Generation Llc, Cabrillo Power I Llc, and Cabrillo Power II Llc (Collectively, "Dynegy"); M-S-R Public Power Agency; The Modesto Irrigation District; City of Santa Clara, California; The Modesto Irrigation District; City of Redding, California; Avista Energy Inc.; Puget Sound Energy, Inc., Intervenors,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
California Independent System Operator Corporation, Intervenor.
California Independent System Operator Corporation, Petitioner,
Duke Energy North America, Llc, Duke Energy Trading and Marketing, Llc, (Collectively, "DUKE ENERGY"), Intervenor,
v.
Federal Energy Regulatory Commission, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued November 14, 2005.
Submission Deferred November 16, 2005.
Resubmitted for Decision and Filed September 18, 2006.
Attorney(s) appearing for the Case
Paul B. Mohler, Heller Ehrman White & McAuliffe, Washington, DC; Stan Berman, Heller Ehrman White & McAuliffe, Seattle, WA; Joshua Bar-Lev, Mark D. Patrizio, Kermit R. Kubitz, San Francisco, CA, for petitioner PG & E.
Charles F. Robinson, Anthony J. Ivancovich, Gene L. Waas, Folsom, CA; Michael E. Ward, J. Phillip Jordan, Bradley R. Miliauskas, Swidler Berlin Shereff Friedman, Washington, DC; Erik N. Saltmarsh, Victoria S. Kolakoski, California Electricity Oversight Board, Sacramento, CA, for petitioner-intervenor Cal-ISO and intervenor California Electricity Oversight Board.
Cynthia A. Marlette, Dennis Lane, Beth G. Pacella, Washington, DC, for respondent FERC.
Before: TASHIMA, THOMAS, and CALLAHAN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
THOMAS, Circuit Judge:
In this case, we consider another piece of the California energy crisis puzzle.1 Before us are petitions for review from the California Independent System Operator ("Cal-ISO") and Pacific Gas and Electric Company ("PG & E"), alleging that the Federal Energy Regulatory Commission ("FERC") committed various errors in permitting Cal-ISO to re-run certain Settlement Statements. We dismiss the petitions for lack of...
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